Illinois General Assembly - Full Text of HB1382
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Full Text of HB1382  93rd General Assembly

HB1382sam002 93rd General Assembly



                                     LRB093 03871 LCB 14480 a

 1                    AMENDMENT TO HOUSE BILL 1382

 2        AMENDMENT NO.     .  Amend House Bill  1382  on  page  1,
 3    after line 18, by inserting the following:

 4        "(c)  Notwithstanding  the  provisions of subsection (a),
 5    the court may decline to enjoin a  domestic  violence  victim
 6    having  physical  possession  or  custody  of  a  child  from
 7    temporarily  or  permanently removing the child from Illinois
 8    pending  the  adjudication  of  the  issues  of  custody  and
 9    visitation. In determining whether a  person  is  a  domestic
10    violence  victim,  the  court  shall  consider  the following
11    factors:
12             (1)  a sworn statement by the person that the person
13        has good reason to believe that he or she is  the  victim
14        of domestic violence or stalking;
15             (2)  a sworn statement that the person fears for his
16        or her safety or the safety of his or her children;
17             (3)  evidence from police, court or other government
18        agency records or files;
19             (4)  documentation  from a domestic violence program
20        if the person is alleged  to  be  a  victim  of  domestic
21        violence;
22             (5)  documentation  from a legal, clerical, medical,
23        or other professional from whom  the  person  has  sought
                            -2-      LRB093 03871 LCB 14480 a
 1        assistance in dealing with the alleged domestic violence;
 2        and
 3             (6)  any  other  evidence  that  supports  the sworn
 4        statements, such as a statement from any other individual
 5        with knowledge of the  circumstances  that  provides  the
 6        basis  for  the claim, or physical evidence of the act or
 7        acts of domestic violence.".